New Orleans
Whether you’re a railroad worker hurt on the job or a driver struck at a grade crossing, a train accident claim follows a completely different legal path depending on which category you fall into.
The Voorhies Law Firm sorts through that distinction and builds the right case from the start.
Train accident claims generally tend to fall into two very different categories: injuries to railroad employees, and injuries to everyone else.
This includes grade-crossing collision victims, passengers, and bystanders.
Common incidents include:
Which category your injury falls into determines almost everything about your case, the deadline to file, the standard of proof, and even which court has jurisdiction, so identifying that early is critical.
Train accident claims in Louisiana split sharply depending on whether you were a railroad employee at the time of injury.
If you were injured as a railroad employee in the course of your job, your claim generally isn’t governed by Louisiana law at all.
Instead, the federal Federal Employers’ Liability Act (FELA) applies, which is a law that imposes a non-delegable duty on railroads to provide a reasonably safe workplace and is deliberately construed in favor of injured workers.
FELA claims must be filed within three years of the injury under this act, 45 U.S.C. § 56, and is a full year longer than Louisiana’s general deadline.
Passengers, drivers hit at grade crossings, and bystanders are not covered by FELA.
Their claims proceed under ordinary Louisiana negligence principles, and generally must be filed within two years of the incident, under Civil Code article 3493.1, for incidents on or after July 1, 2024.
Grade crossing cases often involve more than the train operator.
The railroad may be liable for excessive speed, failing to sound a horn where required, or inadequate warning devices, while the Louisiana Department of Transportation and Development or a local government may share responsibility if the crossing itself lacked adequate signage or gates.
STEP 1
Free consultation.
Tell us what happened, including whether you were working for the railroad at the time. We’ll give you an honest, no-cost assessment.
STEP 2
Claim classification.
We determine immediately whether FELA or ordinary Louisiana law applies, since it changes everything downstream.
STEP 3
Investigation.
We move quickly to preserve train data recorder information, crossing signal maintenance records, and inspection history.
STEP 4
Medical documentation.
We link your treatment record to the incident.
STEP 5
Identifying every responsible party.
At a grade crossing, that can include the railroad, DOTD, or a local government.
STEP 6
Damage calculation.
We account for medical costs, lost wages, pain and suffering, and how the delay affected you.
STEP 7
STEP 8
Resolution.
You receive your compensation, however the claim resolves, settlement or verdict.
We handle train accident claims involving:
Behind every train accident case is a person whose life changed at a crossing or on the job, often because a warning system failed or a safety rule was ignored.
We build the case to prove exactly what went wrong.
Across every type of case we take on, we’ve recovered over $100 million for our clients.
Results may vary, and every train accident case depends heavily on whether FELA or Louisiana law applies and the specific facts involved.
Getting the FELA versus Louisiana law distinction right from day one shapes every part of a train accident case, from the filing deadline to the standard of proof.
Richard P. Voorhies III and the team at The Voorhies Law Firm make sure that call gets made correctly from the start.
We’re recognized by Super Lawyers and other legal organizations, but our clients care about direct access to their attorney, attorneys who understand what you are going through, and no costs to start.
We handle train accident cases on contingency, so you can focus on you and your recovery.
Generally, a FELA claim, not ordinary workers’ compensation. FELA is a distinct federal law for railroad workers that requires showing the railroad was at least partly negligent, but it also allows for full negligence damages rather than the capped benefits typical of workers’ comp.
Three years from the date of injury, under 45 U.S.C. § 56, which is longer than Louisiana’s general two-year deadline for most other injury claims.
Potentially the railroad, for issues like excessive speed or inadequate warning devices, and potentially the Louisiana Department of Transportation and Development or a local government, if the crossing itself was poorly designed or maintained.
Generally two years from the date of the incident, under Civil Code article 3493.1, for incidents on or after July 1, 2024.
Nothing upfront. We handle these cases on contingency, so we only get paid if we win your case.
